Why this Blog ?
News articles in the Wide World of Web, quite often disappear with time, when they are relocated as archives with a different url. Archives in this blog serve as a library for those who are interested in doing Research on Aadhaar Related Topics. Articles are published with details of original publication date and the url.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholarUsha Ramanathandescribes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the#BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

Sunday, May 1, 2016

9884 - The Aadhaar Act is Not a Money Bill - The Wire

While the authority of the Lok Sabha Speaker is final and binding, Jairam Ramesh’s writ petition may allow the Supreme Court to question an incorrect application of substantive principles.

Passing off the Aadhaar Bill as a money bill could erode the Rajya Sabha’s supervisory role.

Credit: D J Singh, Flickr, CC BY 2.0

Since its introduction as a money bill in the Lok Sabha in the first week of March, the Aadhaar (Targeted delivery of Financial and other subsidies, benefits and services) Bill, 2016 has been embroiled in controversy. The Lok Sabha rejected the five recommendations of the Rajya Sabha and adopted the bill on March 16 and only presidential assent was required for it become to become valid law. However, former Union Minister Jairam Ramesh filed a writ petition contesting the decision to treat the Aadhaar Bill as a money bill. The petition is due to be heard before the Supreme Court on April 25, and should the court decide to entertain the petition, it could have far-reaching implications for the Aadhaar project and the manner in which money bills are passed by the Parliament.

There are three broad categories of bills (all legislations or Acts are known as ‘bills’ till they are passed by the Parliament) that the Parliament can pass. The first kind, Constitution Amendment Bills, are those that seek to amend a provision in the Constitution of India. The second are financial bills which contain provisions on matters of taxation and expenditure. Money bills are a subset of the financial bills which contain provisions only related to taxation, financial obligations of the government, expenditure from or receipt to the Consolidated Fund of India and any matters incidental to the above. The third category is of ordinary bills which includes all other bills. The process for the enactment of all these bills is different. Money bills are peculiar in that they can only be introduced in the Lok Sabha where it can be passed by simple majority. Following this, it is transmitted to the Rajya Sabha. The Rajya Sabha’s powers are restricted to giving recommendations on the Bill and sending it back to the Lok Sabha, which the Lok Sabha is under no obligation to accept. The decision to introduce the Aadhaar Bill as a money bill has been widely seen as an attempt to circumvent the Rajya Sabha where the ruling party is in a minority.

Article 110 (1) of the Constitution defines a money bill as one containing provisions only regarding the matters enumerated or any matters incidental to them. These are a) imposition, regulation and abolition of any tax, b) borrowing or other financial obligations of the Government of India, c) custody, withdrawal from or payment into the Consolidated Fund of India (CFI) or Contingent Fund of India, d) appropriation of money out of CFI, e) expenditure charged on the CFI or f) receipt or custody or audit of money into CFI or public account of India. Article 110 is modelled on Section 1(2) of the (UK) Parliament Act, 1911 which also defines the money bills as those only dealing with certain enumerated matters. The use of the word “only” was brought up by Ghanshyam Singh Gupta during the Constituent Assembly Debates. He pointed out that the use of the word “only” limits the scope of money bills to only those legislations which did not deal with other matters. His amendment to delete the word “only” was rejected clearly establishing the intent of the framers of the Constitution to keep the ambit of money bills extremely narrow.

While the Aadhaar Bill does make references to benefits, subsidies and services funded by the Consolidated Fund of India (CFI), even a cursory reading of the bill reveals its main objectives as creating a right to obtain a unique identification number and providing for a statutory apparatus to regulate the entire process. The mere fact of establishing the Aadhaar number as the identification mechanism for benefits and subsidies funded by the CFI does not give it the character of a money bill. The bill merely speaks of facilitating access to unspecified subsidies and benefits rather than their creation and provision being the primary object of the legislation. Erskine May’s seminal textbook, ‘Parliamentary Practice” is instructive in this respect and makes it clear that a legislation which simply makes a charge on the Consolidated Fund does not becomes a money bill if otherwise its character is not that of one.

PDT Achary, former secretary general of the Lok Sabha, has expressed concern about the use of Money Bills as a means to circumvent the Rajya Sabha. He has written here and here, on what constitutes a money bill and how the attempts to pass off financial bills like the Aadhaar Bill as money bills could erode the supervisory role Rajya Sabha is supposed to play. This is especially true in the case of a legislation like the Aadhaar Bill which has far reaching implications for individual privacy as it governs the identification system conceptualised to provide a unique and lifelong identity to residents of India dealing with both the analog and digital machinery of the state and by virtue of Section 57 of any private entities. Already over 1 billion people have been enrolled under this identification scheme, and the project has been a subject of much debate and a petition before the Supreme Court. The project has been portrayed as both the last hope for a welfare state and surveillance infrastructure. Regardless of which of the two ends of spectrum one leans towards, it is undeniable that the law governing the Aadhaar project deserved a proper debate in the Parliament. Even those who are strong proponents of the project must accept the decision to pass it off as a money bill undermines the importance of democratic processes and is a travesty on the Constitution and a blatant abrogation of the constitutional duties of the speaker.

The petition by Jairam Ramesh would hinge largely on the powers of the judiciary to question the decision of the Speaker of the Lok Sabha. Article 110 (3) is very clear in pronouncing the authority of the Speaker as final and binding. Additionally, Article 122 prohibits the courts from questioning the validity of any proceedings in Parliament on the ground of any alleged irregularity of procedure. The powers of privilege that Parliamentarians enjoy are integral to the principle of separation of powers. However, the courts may be able to make a fine distinction between inquiring into procedural irregularity which is prohibited by the Constitution; and questioning an incorrect application of substantive principles, which I would argue, is the case with the Speaker decision.

Amber Sinha is a policy researcher at the Centre for Internet and Society.

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar, MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

The Rural Development Ministry headed byJairam Rameshcreated a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.

What People Opposed to Aadhaar said:

Aadhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.”

John Dreze,Visiting Prof of Economics, Uni of Allahabad, Ex-NAC Member

UID project is full of ambiguity, confusions and suspicions, but no answers -Usha Ramanathan

The Reserve Bank says Aadhaar is not good enough to open a bank account

You can Beat the UID reader with candle wax and Fevicol - J.T.D Souza

The very premise of Aadhar is flawed

It is a certification that those who claim to think on behalf of India or its underprivileged understand it so differently from the beneficiaries they think of.

In a nutshell, Aadhar will not bring about any of the benefits that are intended for its intended beneficiaries. Because that will be solving a problem of governance by adding another layer, that is imaginary and unnecessary.

To call it "technological leadership" is as removed from reality as calling a reader a writer of the book. At best it will mean that we can take a technology and ram it down the throat of the poor while other nations with stronger democratic roots and respect for citizens have not been able to do so for reasons of building consensus.

"Aadhar" is like dropping a car by helicopter in a village where there is no road and hope every villager can reach wherever they may want to go.

For anyone willing to think, Aadhar is a reflection of the huge disconnect that India has from both the world of the under privileged and the rest of the world.

Aadhaar the Last Nail in UPA II's Coffin

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

UID NOT UBIQUITOUS ANY LONGER MR. NILEKANI - TRUTH HAS PREVAILED JUST BEFORE THE ELECTIONS.

WhatsApp gained users because it was useful, and people wanted to download and use it. Aadhaar, sadly, cannot be said to have "users" yet. There are as yet few uses. This is why Mr Nilekani has to emphasise the number of enrolments, not the benefits that flow from Aadhaar - because those exist today only in theory. And the simple fact is that enrolments should not be seen as a sign of success. The Only Good Idea - Business Standard

"Loyalty to the country always. Loyalty to the government when it deserves it." - Mark Twain

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

The expose shows how citizens of Nepal and Bangladesh are offered Aadhaar cards without identity proof. The sting reveals that even MLAs and gazetted officers sign on the forged documents to make Aadhaar cards. IBN Live

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar,MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

Please think through before supporting UID/ Aadhaar, so you do not regret your decision.

Emphasising the need for separation of powers, James Madison bluntly observed in his essay, Federalist 51."Because men are not angels," they need government to prevent them, by force when necessary, from invading the lives, property, and liberty of their fellow citizens. He also noted that the same non-angelic men can wield the government’s coercive machinery to use it tyrannically—even in a democracy.

·The Rural Development Ministry headed by Jairam Ramesh created a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.

·Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

·AaAdhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.” John Dreze, Visiting Prof of Economics, Uni of Allahabad, Ex-NAC Member

"First they ignore you, then they laugh at you, then they fight you, then you win.”Mahatma Gandhi

"Protest is not something you delegate, politics is not something you outsource. It is what you stand for literally"Shiv Visvanathan, Indian Express.

"Whenever I despair, I remember that the way of truth and love has always won. There may be tyrants and murderers, and for a time, they may seem invincible, but in the end, they always fail. Think of it: always. "Mahatma Gandhi

"The function of a civil resistance is to provoke response and we will continue to provoke until they respond or change the law. They are not in control; we are."Mahatma Gandhi

"Let us begin by being clear... about General Smuts' new law. All Indians must now be fingerprinted... like criminals. Men and women. No marriage other than a Christian marriage is considered valid. Under this act our wives and mothers are whores. And every man here is a bastard."-Mahatma Gandhi

"It is easy to laugh at people who fire arrows at helicopter gunships, but on the other hand it is not so easy to defeat people who are willing to fire arrows at helicopter gunships."Vietnam: A War Lost And Won' authored by Nigel Cawthorne

You can fool all the people sometimes,You can fool some people all the time,But you cannot fool all the people all the time.Truth Shall prevail.Satyameva Jayate.

Aadhaar was meant to deduplicate peoples id's and Aadhaar itself is a Duplicate of NPR and needs deduplication according to Expenditure Finance Committee (EFC) headed by Secretary Sumit Bose.

Which is the bigger crime a poor family double dipping on PDS to stay alive or Govt wasting mega bucks on a white elephant called Aadhaar ?

Remember Aadhaar is not an ID card but just a Number to authenticate and tell you if you are in fact you and UIDAI will splurge Rs1.5 lakh crores ( Rs 1,500, 000, 000,000 ) in the next five years. What do people with Aadhaar get in return ? A lot of empty promises. It won't take long for people in India to wake up and understand what is going on.

How do we explain Loss of Privacy?Privacy is like our VISION.We will appreciate its loss when we go BLIND.

Massive collection of Video Clips on Unique Identity. Click on this Link http://flotadaslimaymedio.com.ar/tag/unique-identification/orderby-relevance/page1.html

WHAT AM I ?????"Yes, it is voluntary. But the service providers might make it mandatory. In the long run, I wouldn't call it compulsory. I would rather say that it will become ubiquitous"Nandan Nilekani, UIDAI Chairman (Excerpts from a conversation with Sadiq Naqvi and Akash Bisht) Answer: Aadhaar, the Unique Identity number & a Bar Code that each and every Indian will be branded with linked to a National Database maintained by UIDAI, with Help from L1 Identity a US Multinational.

"Opponents of the Aadhaar number have included advocates of privacy rights. The number however, is linked to limited personal information, with no profiling data included. Submitting a father’s name for example, is not required, allowing residents to adopt any name of their choosing and free themselves from caste identification."Nandan Nilekani's personal Opinion1061 - We have your number - OUTLOOK

Do all Indians want to become Numbers and be tracked like animals ?Do we have a Choice ?

IF IT TAKES SIX MONTHS TO ISSUE ONE MILLION NOT SO UINQUE IDENTITIES, HOW LONG WILL IT TAKE TO ISSUE 600 MILLION OR 1.2 BILLION UNIQUE IDENTITIES ?

WORDS OF WISDOM

“In matters of conscience, the law of the majority has no place.”Mahatma Gandhi"I have never known legislation of this nature being directed against free men in any part of the world. I know that indentured Indians in Natal are subject to a drastic system of passes, but these poor fellows can hardly be classed as free men."Mahatma Gandhi"...giving of finger prints, required by the Ordinance, was quite a novelty in South Africa. With a view to seeing some literature on the subject, I read a volume on finger impressions by Mr. Henry, a police officer, from which I gathered that finger prints were required by law only from criminals."Mahatma Gandhi"Democracy was the greatest gift of our freedom struggle to the people of India. Independence made the nation free. Democracy made our people free. A free people are a people who are governed by their will and ruled with their consent. A free people are a people who participate in decisions affecting their lives and their destinies".Rajiv Gandhi “How shall a democracy ensure its secret intelligence apparatus becomes neither a vehicle for conspiracy nor a suppressor of traditional liberties of democratic self-government?”Vice-President Hamid Ansari, Hi-tech without Panchayati Raj is just a bogus stunt for geeks and nerds."Mani Shankar Aiyar, Congress leaderAadhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.”John Dreze, Visiting Prof of Economics, Uni of Allahabad, National Advisory Committee Member"It is a Bad Idea to Marry UID with NREGA"Reetika Kehera"Civilization is the progress toward a society of privacy. The savage's whole existence is public, ruled by the laws of his tribe. Civilization is the process of setting man free from men."Ayn Rand “The twentieth century has been characterized by three developments of great political importance: the growth of democracy, the growth of corporate power, and the growth of corporate propaganda as a means of protecting corporate power against democracy”.Alex Carey, a noted Australian activist."People willing to trade freedom for temporary security deserve neither and will lose both."Ben Franklin.Liberty has never come from the government; it has always come from the subjects of it. The history of liberty is a history of limitation of governmental power, not the increase of it."Woodrow Wilson"All that is necessary for the triumph of evil is for good men to do nothing".Edmund Burke"Among a people generally corrupt liberty cannot long exist".Edmund Burke"Clearly, there is no longer such a thing as a safe electronic archive, whatever computing's snake-oil salesmen claim. No organisation can treat digitised communication as confidential. An electronic secret is a contradiction in terms".Simon Jenkins, Guardian UK“Privacy is not something that people feel, except in its absence. Remove it and you destroy something at the heart of being human.”Phil Booth, National co-ordinator of the campaign No2IDIn reality, Aadhaar intrudes into people's privacy that is hidden under the guise of reaching out.Srijit Mishra

Ten things you must know about UID

Some facts about the UID project that Indian residents should be aware of:

1. Aadhaar (the UID number) is not mandatory. People can choose not to be a part of the exercise.2. It is not restricted to Indian citizens only and is meant for residents of India, irrespective of their citizenship. An Aadhaar card does not establish citizenship of India, it is meant for identification.3. Even people without proper identification documents can apply for Aadhaar. Authorised individuals, who already have an Aadhaar, can introduce residents who don't possess any documents to establish their identity to enable them to receive their Aadhaar.4. Aadhar will not replace other identification documents such as ration card or passport.5. The UIDAI will collect only biometric and demographic information about an individual and will not ask for info on caste, religion or language.6. Date of Birth is optional (for people who don't remember/know their date of birth) and approximate age will suffice.7. Transgenders have been included in the options under gender and they need not classify themselves as male or female.8. Residents of India have an option to link their UID number to their bank accounts.9. To get an UID number residents will have to go to the nearest Aadhaar enrollment camp, details of which will be published in the local media. Residents will have to carry along certain documents, mentioned in the advertisement. Residents will also be photographed and have their fingerprints and iris scanned. The Aadhaar numbers will be issued within 20-30 days.10. The draft National Identification Authority of India bill has provisions against impersonation, providing false information and for protection of personal information collected by the UIDAI. Violations can attract penalties in the form of fines of up to Rs 1 crore and imprisonment extending up to a life term.